Category Archives: ERT Appeal

Press Release – Mothers Against Wind Turbines – December 17, 2013

Approval halted on two Wainfleet turbines | Welland Tribune

WAINFLEET – 

Two days after a controversial decision by Wainfleet township council to use taxpayers’ money to fund a private company’s legal battle against wind turbines, the company behind the turbines has been ordered to halt construction on part of its development.

The order came from an environment review tribunal, which decided Thursday the renewable energy approval for two of Wainfleet Wind Energy’s five industrial wind turbines should be put on hold until the appeal by Skydive Burnaby is heard.

On Oct. 7, the Ministry of the Environment gave Wainfleet Wind Energy an REA to move forward with the project. Two weeks later, however, lawyers for Skydive Burnaby owners Mikel and Tara Pitt appealled, saying that two turbines planned to be within 1.7 km of their facility would be detrimental to their business.

In her decision Thursday, tribunal executive chair Lynda Tanaka said the motion for a stay of the renewal energy approval for the two turbines was granted until the appeal is decided. The tribunal is scheduled for three weeks in January.

“I don’t want to get ahead of myself, but I’ll definitely take it as a win,” said Tara Pitt. “It wasn’t an easy road getting here, but I’m definitely happy.”

Wainfleet Mayor April Jeffs, who has continually fought against having turbines built in the township, called it step in the right direction.

“Even if it is just for the two, it’s such a positive step forward,” she said. “It’s a breath of fresh air to see the province recognize how this will affect a business in our community.”

Tom Rankin, the president of Rankin Construction, which is a partner in Wainfleet Wind Energy, said the stay isn’t much of a setback.

“At that site we have the road built, the concrete foundation is built and we had the crane up, but we weren’t going to put up the tower until the new year anyway,” he said. “We have the critical work done we wanted to do. So I’m not happy about the decision, but it’s not the end of the world.”

Jeffs, meanwhile, defended a decision Tuesday to have the township pay $40,000 of Skydive Burnaby’s legal bills.

Though it wasn’t originally on the council agenda, a procedural bylaw was waived to allow Tara Pitts to make a presentation to council requesting the money. She said the idea for the public support came from Lambton county council making a similar decision recently.

“It was time sensitive because our original understanding of what our legal fees would be and what they ended up being were two different things,” Pitts said.

Jeffs, Ald. Betty Konc and Ald. Richard Dykstra voted in favour of granting the funding while Ald. Ted Hessels voted against the idea. Ald. David Wyatt wasn’t at the meeting.

“I don’t think it’s our right to use taxpayer money,” said Hessels. “It’s not really Wainfleet’s case anymore. It’s a private thing.”

He said he’s concerned with how it might look that a decision was made Tuesday night without the public knowing it was being discussed.

“We haven’t heard from the people on which way to go. You know there’s opposition to it,” he said.

“Personally I’m against what the turbine people are doing, but I wasn’t going to use my constituents money to fight it.”

Jeffs said she knows not everyone will agree with the decision.

“I’m sure we’ll hear from people about it, but that’s fair. I stand behind it. We had to decide and I think it’s a good decision,” she said. “It’s tough because Wainfleet has a small budget and $40,000 is a lot here.”

dan.dakin@sunmedia.ca

 

Approval halted on two Wainfleet turbines | Welland Tribune.

The Human Cost of the Green Energy Act

Garth Manning – November 17,  2013 – Toronto Sun

In 2009, the Ontario government, seeking to appear green, expropriated our property rights and democratic freedoms with its Green Energy Act (GEA).

The GEA removed the power of municipal politicians to represent their constituents in green energy matters and imposed 550 meters as a regulated setback in an attempt to protect rural citizens from industrial wind developments.

Many governments also fell in line with the worldwide movement to appear green, led by wind energy developers.

But not all governments had the good fortune of hearing firsthand from people already adversely impacted elsewhere by wind turbines near their homes, as was the case for Ontario.

And yet the Ontario government proceeded.

Unlike the costly Ontario process of appealing a wind project, Alberta has a different approach.

There, appeals to Environmental Review Tribunals are substantially subsidized by the developer.

By order of the Alberta Utilities Commission, developers pay a portion of appellant costs in advance, according to need.

In stark contrast, in Ontario, where turbines are much closer to rural neighbourhoods, each local or regional group must raise hundreds of thousands of dollars to cover all legal costs for each appeal and to challenge not only the wind company but also the Ontario environment ministry.

To defend their rights, Albertans and Ontarians are up against exceedingly well-funded, corporate lawyers and government-paid lawyers.

Toronto human rights lawyer Julian Falconer argues that the GEA and the government’s approval of wind projects “implicates their right to security of the person” as guaranteed by the Canadian Charter of Rights, in view of potential health impacts.

These health impacts were noted on Oct. 17, 2013 when the Ontario government’s Research Chair for Renewable Energy Technologies and Health at the University of Waterloo reported a statistically significant correlation between proximity to industrial wind turbines and sleep deprivation, tinnitus and vertigo.

The government of Ontario has been widely criticized, even by its own agencies, for its roll out of the GEA four years ago. Ontario’s Auditor-General reported in 2011 that a cost-benefit analysis was never done and there was no impact study of the effects on property values, tourism and health.

Ontario’s Environmental Commissioner and Ontario’s Environmental Review Tribunal opposed the effect of industrial wind turbines on wildlife at Ostrander Point.

Economists, health care providers, mayors, and those affected have consistently made their views known, but concerns have fallen on deaf ears.

Around the world, politicians have succumbed to corporate promises of “quick and easy” methods to save the planet from greenhouse gases.

Ratepayers pay the costs on their monthly hydro bills at ever-increasing government-set rates that include massive subsidies to multinational energy companies on the wind bandwagon.

This is heading toward a global scandal.

Governments don’t bother with cost-benefit analyses because most of the costs don’t show on their own books.

The result is much costlier electricity and no net reduction of greenhouse gas emissions.

But human costs are massive, including the loss of fundamental rights and freedoms, loss of our right to a good night’s sleep and good health, lost market value of homes, and loss of the right to enjoy non-industrialized rural landscapes.

So citizens are taking this high-priced battle to the courts where they hope our beloved Canadian Charter of Rights and Freedoms can protect us and our democracy.

— Manning is the Chairman of the County Coalition for Safe and Appropriate Green Energy (CCSAGE), Prince Edward County, Ontario

Original Article Here: http://www.torontosun.com/2013/11/15/the-human-cost-of-the-green-energy-act

NIMBY Information Evening – West Lincoln Glanbrook Wind Action Group

 West Lincoln Glanbrook Wind Action Group

www.wlwag.com

NIMBY-171x300NIMBY Hosting an Information Evening

Thursday 7th November 2013

Covenant Christian School Gym 6470 Regional Road 14, ( Town Line ) Smithville.

Doors Open 6:30 pm. Presentation 7:00 – 8:00 pm

Fund Raising Raffle – Silent Auction offering Great Prizes
(cash only please)

Discover why these topics do so effect you !

Proposed 77 Turbine project by Niagara Regional Wind Corp.
●Routing of Electricity Transmission Lines in your vicinity.
●Caistor Centre current installation of 5 Turbines by IPC.
●The Cost of Wind Energy and Your ‘Skyrocketing’ Electricity Bills.
●The Environment and Your Family’s Health.
●The Injustice of The Green Energy Act.

Get the information you need – Help us to support your case

All residents of WEST LINCOLN, GRIMSBY & LINCOLN are Encouraged to Attend
Make this a Standing Room Only Event – Bring your neighbour too

wlwag.com *** S-T-O-P.ca **** mothersagainstturbines.com

SHARE, SHARE, SHARE, SHARE, SHARE, SHARE, SHARE, SHARE

Wrightman shuts down ERT hearing: London Ontario CTV clips

I see some Mothers in the protestor background! Esther’s battle is a battle for all Ontarians…it is a shame on Democracy when you are fighting your own government for a voice….

http://london.ctvnews.ca/video?clipId=1024316

WLWAG: Wind Battle Year in Review

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WLWAG Year in Review.   This year has presented many  difficulties and at times disappointments for wind action groups around Ontario but Wednesday night was definitely a bright moment for the West Lincoln Wind Action Group.
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Speakers, community members and WLWAG came to together at the Wellandport Community Hall to be updated on the status of the battle against the NRWC and the IPC projects.   Neil Schwitzer, chairperson of the event gave an informative overview of the status. Updates were also provided by the  leaders of  sub-committees and wind actions (health, environment, legal actions, appeals, communications, finances, fundraising etc.) as well as an update from our allied friends at “STOP” and “Mothers Against Turbines.”  A special thanks to Tricia Vaughn  who recognised a need for this  information update for the community and Deb Murphy who encouraged us all to spread the information.
Ed and Ann Fairfield relayed to the audience their own battle with the IPC and what their next step would be.  As always finances would be an issue and requested help with this.  They reminded us that this was really a community battle.
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Coming all the way from Goderich, Shawn Drennan was the  special speaker for the event.  He updated us on the Canadian Charter of Rights and Freedoms  battle against the GEA and its legislation and urged us all to “Unite the Fight”.  He stressed that we really needed to pool our resources and focus and that if he and his lawyer Julian Falconer were successful with their court case then it would have wide ranging implications for all wind projects and its victims across Ontario.

Current schedule for St Columbian/Julian Falconer

The ERT for St Columban starts Monday, Sept 23 at 10.00 am. at Brussels Arena Community Hall.

Below please find list of witnesses.

Monday -motion- Jim Murray being allowed in to give evidence
-opening statements
-Ryans and Dixons evidence

Tuesday-Barb Ashbee
-Sandy McLeod

Wednesday-Nicky Horton
-Michauds

Some time Wednesday or Thursday there will need to be time
set aside for HALT to give evidence.

Thursday- Oliveria
Rick James (full afternoon)

Friday-  Tomlinson

Toronto (Tribunal venue)
Tuesday    October 1 Denton Miller (acoustician)
Dr. Baines
Wednesday  October 2 Dr. Moore
Hose Menendez

Stop the Appeal – Save Ostrander Point PECFN – Sign Petition!

You may not be aware that the Prince Edward County Field Naturalists won their appeal to cancel the wind project at Ostrander Point.  The ETR ruled that the Blanding Turtle would be harmed irreversibly and therefore overturned the Ministry’s decision.

Unfortunately our Ministry of Environment  and the wind company, Gilead, are appealing the ETR’s ruling.  It is back to court.
Cheryl Anderson of the Prince Edward County Field Naturalists created this petition in response to the outrageous appeal by the Ministry of the Environment (and the developer) of the ERT decision to protect the Blandings turtle at Ostrander Point from industrial wind development.  We must protect the South Shore of PEC.

The ERT decision must stand. We all know how important this issue is, and together we can do something about it!  Please sign right now and pass it along to friends and relatives.

http://www.avaaz.org/en/petition/Save_Ostrander_Point_In_Prince_Edward_County/?erlqsfb

WLGWAG takes a Different Direction with HAF Wind Energy Project

Thank you for fighting for the people Anne and Ed! Press Release Below from WLWAG:

On the advice of our Lawyer Eric Gillespie, Anne Fairfield and Edward Engel (on behalf of the West Lincoln Glanbrook Wind Action Group), in an agreement with the Lawyers for Vineland Power Inc , have asked for a Consent Dismissal of their Appeal for an Environmental Review Tribunal Hearing and their STAY Motion. Our Canadian Constitution is called our Charter of Rights and Freedoms. Our constitutional question asks if the manner in which Industrial Wind Turbines are being approved is unconstitutional insofar as they allow for the violation of our rights under Section 7 of the Charter, among other things. The Minutes of Settlement indicate that when the matter of the Constitutional Question is decided before at least two other Tribunal Hearings, which are currently in process, the answer will be brought back before the Tribunal hearing the HAF Wind Energy project and applied to our Constitutional Question as well. In the meantime, residents of West Lincoln should watch for announcements of the upcoming information event, Year in Review, being planned for September 25th in the Wellandport Community Centre. This will be your opportunity for “one-stop shopping” for all the information you wish you knew about Wind Turbines in West Lincoln and Haldimand County, and why WLGWAG has been opposing this potential Industrial Invasion for over three years. Mark this “Go-to-Event” on your calendars now and spread the news to your neighbours so they can get involved.